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JASVIR YADAV & OTHERS versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Jasvir Yadav & Others v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 11334 of 2007 [2007] RD-AH 14050 (16 August 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 46

Criminal Misc. Writ Petition No. 11334 of 2007

Jasvir Yadav and others.................................................Petitioners

Versus

State of U.P. and others................................................Opposite parties

********

Hon'ble Amar Saran, J.

Hon'ble Shiv Shanker, J.

Heard Shri Manoj Mishra, learned counsel for the petitioners and learned Additional Government Advocate representing the State.

By means of this writ petition the petitioners have prayed for quashing of the First Information Report dated 19.7.07 at case crime No. 506 of 2007, under Sections 147/148/295/504/506 IPC and 3(1)(x) of SC and ST (PA) Act, police station Bilsanda, district Pilibhit .

The allegations in the FIR were that the petitioners have damaged and desecrated the statues of Dr. Bhim Rao Ambedkar and Mahatma Gautam Budh and also used caste derogatory words against the informant and others, who belonged to the scheduled caste in village Takria at 11.00 P.M on 13.9.2006. When information of this incident was given by the complainant Ram Kumar on 14.9.2006 at police station Bilsanda, district Pilibhit, the Station Officer supported the accused and chased away the complainant.

It is argued by the learned counsel for the petitioners that the report has been lodged belatedly  and only on account of political interference by the new government.

It is further contended that the SDM, Bisalpur, who had conducted an enquiry of the incident, the report whereof dated 25.9.06 has been annexed as Annexure 2 mentions that the statue of Baba Bhim Rao Ambedkar was undamaged and the statue of Mahatma Gautam Budh was also safe, but slight damage had only been caused to its rear portion, which had been repaired and that the SDM had even initiated 107/116 Cr.P.C. proceedings against the contesting parties.

We fail to see how such a defence document can be looked into in a writ petition. Moreover, a very unfortunate tendency of politicization of the bureaucracy and police is growing these days and it appears that only because at the material time the Samajwadi Party Government was in power such a report was submitted by the Sub-Divisional Magistrate minimising the damage caused to the statues. We suspect that if the incident had taken place in the present time when the SP Government has been replaced by the BSP Government  the officer concerned would in all likelihood have exaggerated the damage done to the statues. Likewise we are seeing the readiness of the current police machinery to lodge stale, frivolous and vindictive FIRs  against political rivals of the current political leadership. Law and order must be administered on an independent assessment on the facts of each case by the bureaucratic and police administration. It is sad when the police or bureaucratic officials who have a security of tenure, but no lien on any post, just to remain in what they regard as cream posts, do anything ethical or unethical to favour the then political masters.

On the other hand however, we think it improper that persons who have committed offences of which cognizance were not taken by the earlier government because of their closeness to the earlier political party in power should attribute the lodging of an FIR in each case only to the hostility of the new government even in those case where a crime clearly appears to have been committed, but where action against the accused had earlier been avoided because of a pliant police and bureaucratic machinery which was interested in serving what they thought were the preferences of the then party in power.

Having said that in our view on the facts of the present case  prima facie a crime clearly appears to have been committed. Even the report of the SDM, motivated though it appears to be, admits that at least the statue of Mahatma Gautam Budh was damaged. We see rampant growth of intolerance and attacks towards beliefs, practices and symbols held sacred by persons belonging to other groups. Such intolerance will spell the death of our democratic system. Widespread and deliberate attempts to damage and defile the object and symbols, which are consider sacred by another class of persons are made, as a result of which communal and other conflicts result and social order is disturbed. The FIR cannot be quashed or arrest stayed merely by making such an allegation of malice against the new government.  Prima facie on the FIR allegations, a case under Section 295 IPC and SC and ST (PA) Act are disclosed.

Therefore, there is no ground for quashing the aforesaid  FIR. The writ petition is accordingly dismissed.

However, it is provided that if the petitioners surrender or are produced before the court concerned within two weeks and make an application for bail, their bail application shall be considered and disposed of expeditiously.

Dated: 16.8.2007

Ishrat


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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